HomeMy Public PortalAbout1983-0292
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Member_ !, 11 /4 1 Ke / ,5 � 't
moved its adoption:
introduced the following resolution and
CITY OF .MEDINA
RESOLUTION NO. 45. - 02 9
RESOLUTION GRANTING A VARIANCE TO WILLIAM NUNN -
CAREY RADTKE TO ALLOW FOR REMODELING AND ADDITION TO
THE BUILDING AT 2825 WILLOW DRIVE.
WHEREAS, William Nunn and Carey Radtke, husband and wife,
have applied for a variance to the provisions of the Medina
Zoning Ordinance §407 to construct an addition to the existing_
building at 2825 Willow Drive; and
WHEREAS, a variance to the provisions of Medina Zoning
Ordinance §407 is required for construction of said addition;
and
WHEREAS, said addition is found to be necessary to correct
drainage problems associated with the present building site and
for the construction of additional bathroom facilities in the
building; and
WHEREAS, the drainage problems associated with the land
impose undue hardship to the property owners in the use of this
property;
NOW, THEREFORE, BE IT RESOI.,VED, by the City Council of the
City of Medina, that a variance to the provisions of the Medina
Zoning Ordinance S407 is hereby granted subject to the following
terms and conditions;
(1) Said addition to the barn shall be constructed in
accordance with plans submitted to the City of
Medina on property legally described as:
That part of the South 660 feet of the East 991
feet of the Southeast Quarter of the Northeast
Quarter of Section 16, Township 118 North, Range
23 West of the Fifth Principal Meridian, lying
West of the following described line: Beginning
at a point on the East line of said Southeast
Quarter of the Northeast Quarter distant 895
feet North from the Southeast Corner of said
Southeast Quarter of the Northeast Quarter;
thence South along said East line a distance of
100 feet; thence along a tangential curve to the
right having a radius of 575 feet and central
angle of 38 degrees 20 minutes a distance 384.70
feet; thence Southwesterly tangent to said curve
to the South line of said Southeast Quarter of
the Northeast Quarter and there ending.
(2) A bond, in the amount of $ , shall be forwarded
to the City to guarantee removal of demolition debris
and other construction materials and the construction
of bathroom facilities.
.(3) All demolition,debris and other construction materials
shall be removed from the premises within thirty days
of the date of completion of the construction.
(4) William Nunn and Carey Radtke will enter into the
Development Contract attached hereto, said Development
Contract to govern the terms and conditions of the
construction.
(5) The operators shall comply with all provisions
of the Medina Zoning Ordinance.
Dated:
ATTEST:
a /4, /q83
Donna Roehl, Clerk
The motion for the adoption of the/ foregoing resolution was
duly seconded by member te; ffec d 5 &,re.,.' and upon vote
being taken thereon, the llpwinqivoted in favor thereof;
andcr60a, Sc_bc.re.r', IF i5e4, , Ne_ ,'eat a_ .71 _ n, C Jo by,
and the following voted against same:
o r+ e
Whereupon said resolution was declared duly passed and adopted.
CITY OF MEDINA
IIENNEPIN COUNTY, MINNESOTA
DEVELOPMENT CONTRACT
THIS AGREEMENT, made this day of , 19 ,
between the City of Medina, Hennepin County, Minnesota, acting by
and through its City Council, herein called the "City" and William
Nunn and Carey Radtke herein called the "Developer".
PROJECT: The Developer, in consideration of the City approving the
following project:
Construction of addition to existing barn, construction of parking
area and driveway, and construction of bathroom facilities at 2825
Willow Drive in the City of Medina
in'accordance with plans submitted and the City Council Minutes of
, 19 , agrees to furnish all labor, materials
and equipment and per orm all of the work under this contract. It
is agreed that all work shall be done in accordance with the plans
which are on file in the Office of the City Clerk in accordance
with the Minutes of the City Council Meeting dated
19 , which are hereby made a part of this Agreement. The
Developer further agrees that any roads, parking lots, and site
improvements shall be built in accordance with the specifications
as determined by the City Engineer.
PERFORMANCE: The Developer agrees that the work shall be done
and performed in the best and most workmanlike manner; and all
materials and labor shall be in strict conformity with respect to
the plans and specifications and ordinances for the above described
project and shall be subject to the inspection and the approval of
the City or a duly authorized Engineer of the City, and in case any
material or labor supplied shall be rejected by the City or Engineer
as defective or unsuitable, then such rejected material shall be
removed and replaced with approved material and the rejected labor
shall be done anew to the satisfaction and approval of the City or
Engineer and at the cost and expense of the Developer. The Devel-
oper further agrees that he will commence work hereunder on or before
, 19 , and will have all the work done and the
improvements fully completed to the satisfaction and approval of
the City Council on or before 19 . It is
further agreed that upon receipt of written notice from the
Developer of the existence of causes over which the Developer has
no control which will delay the completion of the work, the City
Council, in its discretion, may extend the date hereinbefore
specified for completion.
SPECIAL CONDITIONS: It is distinctly understood and agreed that
all work covered by contract shall be done at no expense to the
City, except as provided in the Special Conditions attached hereto
and made a part hereof by reference. Except for work specified
under the Special Conditions, any work or materials which may
be done or furnished by the Contractor shall be at his own risk,
cost and expense, and he hereby agrees that he will make no claim
for compensation for work or materials so done or. furnished.
HOLD HARMLESS: It is further agreed, anything to the contrary
herein notwithstanding, that the City, the City Council, its agents
or employees shall not be personally liable or responsible in
any manner to the Developer, the Developer's Contractor or
Subcontractors, material men, laborers, or to any other person
or persons whomsoever, for any claim, demand, damages, actions
or causes of action of any kind or character arising out of or
by reason of the execution of this agreement or performance and
completion of the work and the improvements provided herein, and
that the Developer will save the City harmless from all such claims,
demands, damages, actions or causes of action or the costs,
disbursements and expenses of defending the same, including
attorneys fees, engineering fees, or other technical or profes-
sional assistance, including the work of City Staff and employees.
BOND: It is further agreed that the Developer will furnish the City,
upon execution of this contract, a corporate surety bond in the
amount of
and also shall furnish proof of insurance covering any public
liability or property damage by reason of the operation of the
Developer's Equipment, laborers and hazard caused by said improve-
ment. Said bond shall be conditioned upon the full performance of
this contract by the Developer. On failure of the Developer to
perform, the City may declare the contract to be in default and the
amount of said bond shall be paid over to the City. In the event
that the City deems it necessary to foreclose the bond as a
result of the Developer's failure to perform this contract, the
City shall be reimbursed, from the proceeds of the said bond, for
any attorneys fees, engineering fees, or other technical or pro-
fessional assistance, including the work of the City staff and
employees, and the remainder thereof shall be used by the City to
complete the contract, to the extent possible therewith.
ADMINISTRATIVE COSTS: The Developer agrees that prior to the issuance
of building permits, the City Clerk shall collect from the Developer
the City's Administrative Costs in the amount of $
covering the City's out-of-pocket expenses in processing this
project.
SIGNATURES FOR DEVELOPER: SIGNATURES FOR THE CITY OF
MED, MINN
Mayor
Clerk
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